About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

13 Prac. Litig. 1 (2002)

handle is hein.ali/practlit0013 and id is 1 raw text is: THE PRACTICAL LITIGATOR JANUARY 2002 VOLUME 13/NUMBER 1 Published by The American Law Institute-American Bar Association Committee on Continuing Professional Education six times a year Challenging the Admissibility of Mental Expert Testimony Marc Sageman, M.D., Ph.D. 7 As the use of mental expert testimony continues to increase, so does the number of ways to challenge it. But the careful practitioner needs to be vigilant: Jurisdic- tions do not all use the same tests. In this article, Marc Sageman examines red flags that trigger Daubert chal- lenges, post-Daubert decisions specific to mental health issues, and proper proffer of mental expert testimony. A Different Approach to Direct Examination of Expert Witnesses Hon. Ralph Adam Fine 19 Most attorneys conduct direct examination through some version of a What happened next? question. This approach can actually damage the direct exami- nation. A much better alternative is to harness the power implicit in cross-examination, and apply those techniques to the direct. In this article, Hon. Ralph Adam Fine discusses the theory behind effective direct examination, the turning the cube method, and examines the differences between examples of effective and not-so-effective direct examination. Motions for Preliminary Injunction in Complex Commercial Litigation Robert R. Salman 27 The prayer for preliminary relief is a common feature of the complaint in complex commercial cases, but it is often just an empty recital. This can be a mistake. When there is a real possibility of getting preliminary relief, it is good practice to pursue it. In this article, Robert R. Salman discusses the initial issues in decid- ing whether to seek preliminary relief, the pre-motion conference and issues to raise, the standards for injunc- tive relief, and the contents of the motion papers. The Lessons of Amchem for Class Action Practice Beth Klein 33 Some believed that the Supreme Court's decision in Amchem would be the end of class actions, and others thought that the decision would clarify the most con- fused areas of class action practice. In reality, neither happened. Instead, the Court in Arnchem gave consid- erable attention to the issues of commonality of inter- est and adequacy of representation. In this article, Beth Klein discusses the background of Amchem, the nature of the class that was certified and why it was rejected, and the lessons from the Supreme Court's decision for the creation of acceptable classes. Rethinking Discovery and Document Retention in the Digital Age Sidney K. Kanazawa 39 The paper document model for discovery and docu- ment retention fails to take into account the most im- portant implication of digital information: the prodi- gious cost in time needed to review so much infor- mation. In this article Sidney K. Kanazawa Discusses the characteristics of digital data and how these differ- ences have discovery implications, how the Federal Rules of Civil Procedure cope with digital information, the need for a digital data retention policy and its char- acteristics, and how to respond to discovery without getting caught in the digtial data bottleneck. Drafting the Arbitration/ADR Clause Neal Blacker 51 Standard ADR/arbitration clauses can be useful as a starting point, but they aren't the best choice for every transaction. The best clause has to be tailored to the cir- cumstances. In this article, Neal Blacker discusses the applicable institutional rules, stragegic considerations for framing the clause, and provides a checklist for draft- ing, covering choice of institution, scope of the clause, separability, structuring the panel, remedies, and more. The Law of the Litigator ALI-ABA and ABA CLE Calendar Programs, Publications and Playbacks

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most